Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations2017
S.R. No. 2/2017
table of provisions
Regulation Page
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provision 1
3 Commencement 2
Part 2—Dangerous Goods (Transport by Road or Rail) Regulations 2008 3
4 Principal Regulations 3
5 Definitions 3
6 Further exemptions 4
7 Special provisions for tools of trade and dangerous goods for private use 4
8 Goods suspected of being dangerous goods 5
9 Meaning of appropriately marked 5
10 When a load is a placard load 6
11 Emergency plans 7
12 Meaning of terms used in this Part 7
13 Required medical fitness evidence 7
14 Additional condition 7
15 Regulation 214 revoked 7
16 Disposal and transfer of licensed vehicles 7
17 Replacement licences and licence labels 8
18 What is a reviewable decision? 8
19 Notices of decisions must contain a copy of review rights 8
Part 3—Dangerous Goods (Explosives) Regulations 2011 9
20 Medical fitness evidence 9
21 Additional conditions 9
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Endnotes 10
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Part 3—Dangerous Goods (Explosives) Regulations 2011
Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations2017
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statutory rules 2017
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Part 3—Dangerous Goods (Explosives) Regulations 2011
Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations2017
S.R. No. 2/2017
Dangerous Goods Act 1985
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Part 3—Dangerous Goods (Explosives) Regulations 2011
Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations2017
S.R. No. 2/2017
Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations2017
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Part 3—Dangerous Goods (Explosives) Regulations 2011
Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations2017
S.R. No. 2/2017
The Governor in Council makes the following Regulations:
Dated: 21 February 2017
Responsible Minister:
ROBIN SCOTT
Minister for Finance
MONICA BIRD
Acting Clerk of the Executive Council
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to amend the Dangerous Goods (Transport by Road or Rail) Regulations 2008 to ensure consistency with other relevant transport laws, toprovide for the adoption of a document and tomake other minor amendments; and
(b) to amend the Dangerous Goods (Explosives) Regulations 2011 to provide for the adoption of adocument.
2 Authorising provision
These Regulations are made under section 52 of the Dangerous Goods Act 1985.
3 Commencement
These Regulations come into operation on 1March 2017.
Part 2—Dangerous Goods (Transport by Road or Rail) Regulations 2008
4 Principal Regulations
In this Part the Dangerous Goods (Transport by Road or Rail) Regulations 2008[1] are called the Principal Regulations.
5 Definitions
(1) In regulation 5 of the Principal Regulations insertthe following definitions—
"article means a manufactured item, other than afluid or particle, that—
(a) is formed into a particular shape or design during manufacture; and
(b) has hazard properties and a function that are wholly or partly dependent on that shape or design;
and includes batteries, aerosols, gas-filled lighters, seat belt pre-tensioners and refrigerating machines;
Transport and Infrastructure Council means the Ministerial Council called the Transport and Infrastructure Council and established with the authority of the Council of Australian Governments;".
(2) In regulation 5 of the Principal Regulations, in thedefinition of Competent Authorities Panel orCAP, for "Standing Council on Transport andInfrastructure" substitute "Transport and Infrastructure Council".
(3) In regulation 5 of the Principal Regulations the definitions of licence label and Standing Council on Transport and Infrastructure or SCOTI are revoked.
6 Further exemptions
In regulation 25(2)(a) of the Principal Regulations, for "for which an inner package isrequired by Chapter 5.2.1.8 of the ADG Code tobe marked with a proper shipping name or thetechnical nameof those goods" substitute
"set out in section1.1.1.2(3)(a) of the ADGCode".
7 Special provisions for tools of trade and dangerous goods for private use
(1) For regulation 26(1)(a) and (b) of the Principal Regulations substitute—
"(a) for loads not including dangerous goods ofUN Division 2.1 (other than aerosols), UNDivision 2.3 or Packing Group I—theload includes an aggregate quantity ofdangerous goods of less than 500; or
(b) for loads including dangerous goods of UNDivision 2.1 (other than aerosols), UNDivision 2.3 or Packing Group I—
(i) the load includes an aggregate quantityof dangerous goods of lessthan 250; and
(ii) any dangerous goods of UN Division2.3 or Packing Group I together constitute less than 100 of thataggregate quantity; and
(c) the goods are not being transported in the course of a business of transporting goods but are being transported—
(i) by a person who intends to use them; or
(ii) so that they can be used for a commercial purpose.".
(2) In regulation 26(5)(b) of the Principal Regulations, after "vehicle" insert "unlessthe space is sufficiently ventilated toprevent an accumulation of vapours or fumes that is likely tocause risk".
(3) At the foot of regulation 26(5) of the Principal Regulations omit "Penalty:" (where secondly occurring).
8 Goods suspected of being dangerous goods
At the foot of regulation 29 of the Principal Regulations omit "Penalty:" (where secondly occurring).
9 Meaning of appropriately marked
(1) For regulation 80(3) of the Principal Regulations substitute—
"(3) An overpack is appropriately marked if it ismarked and labelled in accordance with section 5.1.2 of the ADG Code.".
(2) At the foot of regulation 80(4) of the Principal Regulations insert—
"Note
Packed in limited quantities has the meaning given by regulation 13.".
(3) Regulation 80(5) of the Principal Regulations is revoked.
10 When a load is a placard load
(1) For regulation 84(1)(a) of the Principal Regulations substitute—
"(a) it contains—
(i) dangerous goods in a receptacle, other than an article, with a capacity of more than 500 litres; or
(ii) more than 500 kilograms of dangerous goods in a receptacle, other than an article; or".
(2) At the foot of regulation 84(1) of the Principal Regulations insert—
"Note
Article is defined in regulation 5.".
(3) For regulation 84(2) of the Principal Regulations substitute—
"(2) Despite subregulation (1), a load containing an aggregate quantity of dangerous goods ofless than 2000 that consists only of the following dangerous goods is not a load that must be placarded—
(a) dangerous goods that are packed in limited quantities;
(b) the following dangerous goods—
(i) fireworks that are bon-bons, partypoppers or sparklers;
(ii) domestic smoke detectors containing radioactive material;
(iii) lighters or lighter refills containing flammable gas;
(iv) fire extinguishers with compressed or liquefied gas, uptoa net mass of 23 kg;
(c) a combination of the dangerous goods referred to in paragraphs (a) and (b).
Note
Packed in limited quantities has the meaning given by regulation 13.".
11 Emergency plans
In regulation 156(1) of the Principal Regulations, inthe definition of emergency plan, for "SCOTI" substitute "Transport and Infrastructure Council".
12 Meaning of terms used in this Part
In the example at the foot of the definition oflicence in regulation 189 of the Principal Regulations omit "or a licence label issued underregulation 214".
13 Required medical fitness evidence
In regulation 198(1)(b) of the Principal Regulations, for "1 March 2012" substitute "1October 2016".
14 Additional condition
In regulation 205(1) of the Principal Regulations, for "1 March 2012" substitute "1 October 2016".
15 Regulation 214 revoked
Regulation 214 of the Principal Regulations is revoked.
16 Disposal and transfer of licensed vehicles
(1) Regulation 215(1) of the Principal Regulations isrevoked.
(2) In regulation 215(2) of the Principal Regulations, for "the disposed vehicle" substitute "a licensed vehicle (other than by way of a business transfer) (the disposed vehicle)".
17 Replacement licences and licence labels
(1) In the heading to regulation 219 of the Principal Regulations omit "and licence labels".
(2) For regulation 219(2) of the Principal Regulations substitute—
"(2) The licensing authority must issue a replacement licence to a licensee if the authority is satisfied that the licence has beendefaced, destroyed, lost or stolen.".
18 What is a reviewable decision?
In regulation 234(l) of the Principal Regulations omit "or licence label".
19 Notices of decisions must contain a copy of review rights
In regulation 238(2)(k) of the Principal Regulations omit "or licence label".
Part 3—Dangerous Goods (Explosives) Regulations 2011
20 Medical fitness evidence
In regulation 181(1)(b) of the Dangerous Goods(Explosives) Regulations 2011[2], for "Assessing Fitness to Drive—Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission in September 2003," substitute "Assessing Fitness toDrive for commercial and private vehicle drivers, published by Austroads Ltd and the National Transport Commission on 1 October 2016, as amended from time to time, and".
21 Additional conditions
In regulation 196(2) of the Dangerous Goods(Explosives) Regulations 2011, for "Assessing Fitness to Drive—Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission in September 2003," substitute "Assessing Fitness toDrive for commercial and private vehicle drivers, published by Austroads Ltd and the National Transport Commission on 1 October 2016, as amended from time to time, and".
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Endnotes
Dangerous Goods (Transport by Road or Rail) and (Explosives) Amendment Regulations2017
S.R. No. 2/2017
Endnotes
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[1] Reg. 4: S.R. No. 166/2008 as amended by S.R. Nos 37/2011, 125/2013, 91/2015 and 156/2015.
[2] Reg. 20: S.R. No. 37/2011. Reprint No. 1 as at 12 May 2016. Reprinted to S.R. No. 91/2015. Subsequently amended by S.R. No. 90/2016.
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Table of Applied, Adopted or Incorporated Matter for Part 2
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated documentRegulations 13 and14 which amend regulations 198(1)(b) and 205(1) of the Dangerous Goods (Transport by Roador Rail) Regulations2008 / Assessing Fitness to Drive forcommercial and private vehicle drivers, published byAustroads Ltd and theNational Transport Commission on 1 October 2016 / The whole
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Table of Applied, Adopted or Incorporated Matter for Part 3
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated documentRegulations 20 and21 which amend regulations 181(1)(b) and 196(2) of the Dangerous Goods (Explosives) Regulations 2011 / Assessing Fitness to Drive forcommercial and private vehicle drivers, published byAustroads Ltd and theNational Transport Commission on 1 October 2016 / The whole